Showing : 1-10 of 80 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107-- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in existence even prior to the creation of the mortgage, the tenant's possession cannot be disturbed by the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 58-- Limitation - Suit for declaration that Will in question is null and void - Will in question is unregistered document, therefore there is no question of canceling or setting aside said instrument - Art.59 of Limitation Act thus, not applicable - Similarly, unregistered Will cannot be said to be an..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Registration Act, 1908, Section 17-- Suit for partition - Will in favour of defendant - Plaintiff claimed partition on basis of agreement for dividing suit property - Agreement was unregistered and not acted upon by parties - Agreement cannot confer right over property to claim partition...........
DELHI HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38, 39-- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will..........
DELHI HIGH COURT
Year of decision: 2017
Details
Registration Act, 1908, Section 17, 49-- Unregistered document - Admissibility - Photocopies of Receipt, Possession Letter, photocopy of unregistered Will, Agreement to Sell and General Power of Attorney on plain paper placed on record are inadmissible in evidence...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 90, 68-- Presumption u/s 90 of the Act - Genuineness of Will - Neither attestor nor scribe has been examined - Moreover, Will apart from being unregistered not proved in manner known to law - Hence, presumption u/s 90 of the Act would not apply...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 64, 65-- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 17-- Family settlement - Compulsory registration - When a document is compulsorily registrable, but same is unregistered, then same will be inadmissible in evidence and will not convey any right, title or interest in the suit property in favour of the plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 107-- Lease - Unregistered - Is inadmissible in evidence except for collateral purposes being unregistered, same principle of law will apply to letter and will not be admissible in evidence to show extension of period of tenancy, which cannot be stated to be collateral purpose by any stretch of..........

Showing : 1-10 of 80 Results